What types of evidence are necessary for a defective products case?

In Virginia, evidence is necessary for a defective product case to prove that there was indeed a defect in the product that resulted in harm. This can include documents like the manufacturer’s product manual, instructions, and design plans, as well as photographs and videos of the product or the incident. It’s also helpful to have physical evidence such as the product itself or parts of the product that malfunctioned. Collecting statements from witness who saw the incident can also bolster a case. The focus of the evidence should be to demonstrate that the manufacturer was aware of the product’s deficiencies or should have been aware and did not take appropriate steps to prevent the injury or damage that resulted. In addition, the evidence should show that the product in question was in the same condition as when it was sold, without having been altered in any way. Lastly, an expert witness should be prepared to testify regarding causation, to show that the product did indeed cause the injury or damage in question. This can include medical experts in cases of product-related medical injury or physical damage, or engineering experts for cases involving faulty machines or structures. Having this type of expert testimony will help determine if the product manufacturer can be held liable for the defective product.

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